Statement on the 1226 Crackdown

2020-01-17

At the end of 2019, the Chinese authorities seemed to have targeted citizen activists and human rights lawyers who attended a private gathering in Xiamen in early December, and started a large-scale crackdown in multiple provinces. The participants discussed current affairs and the future of China, in addition to sharing their experiences in helping build the Chinese civil society - yet they have been accused of subverting state power. This crackdown has been led by the Shandong Province police department, which set up a “13 December Special Task Force” for this purpose. After Christmas, more than 20 citizen activists and human rights lawyers have been arrested, summoned, and went incommunicado.

The crackdown resulted in multiple individuals being accused of subverting state power, inciting subversion of state power, and “picking quarrels andprovoking troubles”. There are currently 5 lawyers and citizens still being detained, including Ding Jiaxi, Dai Zhenya, Zhang Zhongshun and Li Yingjun. Four of them have been confirmed to be under residential surveillance at a designated location （RSDL）, and all five of them have not been permitted to meet with their lawyers.

Details of the five individuals are as follows：

Lawyer Ding Jiaxi was taken away by the Shandong police on 26th December. He is accused of inciting subversion of state power, and is currently under RSDL

Citizen Zhang Zhongshun was taken away by the Shandong police on 26th December. He is accused of inciting subversion of state power, and is currently under RSDL. The police allegedly found 245 bullets in an apartment that Zhang Zhongshun has leased, while Zhang’s family said that Zhang was being framed by the police

Citizen Dai Zhenya was taken away by the Shandong police on 26th December. He is accused of inciting subversion of state power, and is currently under RSDL

Citizen Li Yingjun was taken away by the Shandong police on 26th December

Lawyer Chang Weiping was taken away by the Gaoxin District Branch of the Xi'an Municipal Public Security Bureau from his home on 12th January. His wife was informed verbally by a state security agent (guobao) from Gaoxin District Branch of Baoji Public Security Bureau that Chang is accused of subversion of state power, and is now under RSDL

China hosted the Global Lawyers Forum in early December, and yet continued to arbitrarily arrest human rights defenders, and to use RSDL as a means to detain individuals at will. RSDL is just another form of secret detention. As such, the state explained that since those under RSDL threaten state security, they should not be allowed to see their lawyers and families, and their addresses are kept a secret. However, this makes detainees extremely vulnerable to abuse of power by the authorities, and victims of RSDL have often gone under torture, including lawyers targeted during the 709 Crackdown.

Additionally, the founder of the New Citizens’ Movement Dr. Xu Zhiyong and advocate of non-violent civil disobedience movement Lawyer Tang Jingling fear arrest and are currently on the run. Xu’s girlfriend has been summoned by the police and questioned for 24 hours for “picking quarrels and provoking troubles”.

The International Declaration of Human Rights and the ICCPR both clearly state the requirements for procedural justice. As a member of the UN Human Rights Council, and a signatory to the ICCPR, China needs to respect procedural justice and the international definition of the rule of law, making sure that all those arrested retain their legal rights, and are judged based on objective facts and with strong legal justification.

We also strongly condemn China for carrying out arbitrary arrests and seriously violating procedural justice. China will not be able to pacify the country by continually cracking down on her civil society: condemnation from the international community will only increase, and the roar of democracy and freedom will only get louder following the elections in Hong Kong and Taiwan.

That Chinese authorities immediately abolish the use of RSDL, guarantee the legal rights of all detainees, including their rights to meet with their self-chosen lawyers and families;

That the Chinese authorities immediately release all human rights defenders who have been illegally arrested and detained;

That the Chinese authorities Immediately stop all forms of harassment targeting the families of detainees;

That the Chinese authorities carry out their legal duties and respect the standard for rule of law which has been established through international consensus, and to strictly adhere to all regulations and procedures listed out in the Criminal Procedure Law of the PRC

That the international community continue to monitor the violation of human rights in China, and to support the Chinese civil society in exercising their freedom of speech

Signatories:

國際特赦組織台灣分會 Amnesty International Taiwan

中國維權律師關注組 China Human Rights Lawyers Concern Group

基督徒社工Christian Social Workers

人權公約施行監督聯盟Covenants Watch

香港眾志Demosisto

陳文成博士紀念基金會 Dr. Chen Wen-Chen Memorial Foundation

環境法律人協會 Environmental Jurists Association

香港市民支援愛國民主運動聯合會Hong Kong Alliance in Support of Patriotic Democratic Movements of China